First Principles, Men Are Equal Under God

Then Peter opened his mouth, and said, Of a truth I perceive that God is no respecter of persons: But in every nation he that feareth him, and worketh righteousness, is accepted with him. Act 10:34-35

For there is no respect of persons with God.  For as many as have sinned without law shall also perish without law: and as many as have sinned in the law shall be judged by the law; (For not the hearers of the law are just before God, but the doers of the law shall be justified. Romans 2:10-13

Our equality under God is a core philosophical tenet upon which our government was founded.  God values us all the same.  We are all equal under His authority.  He has given all the freedom to choose their path.  Even before the American Revolution, the idea of unalienable rights was being discussed – based on the principle of God’s supremacy and man’s relative equality under His authority.  Ultimately, we are answerable to God.  In the meantime, government is answerable to us.

On December 30, 1721, John Trenchard wrote as Cato about Liberty as the “Unalienable Right of Mankind”.

All men are born free; liberty is a gift which they receive from God himself; nor can they alienate the same by consent, though possibly they may forfeit it by crimes. No man has power over his own life, or to dispose of his own religion; and cannot consequently transfer the power of either to any body else: Much less can he give away the lives and liberties, religion or acquired property of his posterity, who will be born as free as he himself was born, and can never be bound by his wicked and ridiculous bargain.

Such was the philosophy on which Locke and the Founders based their theories of government.  There is a distinction between subjects and citizens. Ultimately government is answerable to man and man to God.  This is not to say that the Founders were intent upon a theocracy, any more than they intended to separate God from governance.  The arguments, in these letters from Cato, merely acknowledged God as a reality and built their logic upon the philosophical discussion of man’s relationship to God and other men.

The meaning popularly imputed to the phrase “separation of church and state” is quite different from the way  this separation was defined in the philosophical underpinnings of the founding.  On January 6, 1722, Trenchard wrote:

There is no government now upon earth, which owes its formation or beginning to the immediate revelation of God, or can derive its existence from such revelation: It is certain, on the contrary, that the rise and institution or variation of government, from time to time, is within the memory of men or of histories; and that every government, which we know at this day in the world, was established by the wisdom and force of mere men, and by the concurrence of means and causes evidently human. Government therefore can have no power, but such as men can give, and such as they actually did give, or permit for their own sakes: Nor can any government be in fact framed but by consent, if not of every subject, yet of as many as can compel the rest; since no man, or council of men, can have personal strength enough to govern multitudes by force, or can claim to themselves and their families any superiority, or natural sovereignty over their fellow-creatures naturally as good as them. Such strength, therefore, where-ever it is, is civil and accumulative strength, derived from the laws and constitutions of the society, of which the governors themselves are but members.

Since there aren’t any governments formed by God, they don’t deserve the adulation and allegiance that an institution of heavenly origin would.  They are the product of man’s design, and therefore limited in scope to the inherent power naturally endowed to man.  The separation of church and state referred to here is not a denial of God, nor an effort to eject Him from the public square,  but an acknowledgment of his absence from man-made institutions.  This reality, therefore should serve as a caution:

So that the nature of government does not alter the natural right of men to liberty, which in all political societies is alike their due: But some governments provide better than others for the security and impartial distribution of that right. There has been always such a constant and certain fund of corruption and malignity in human nature, that it has been rare to find that man, whose views and happiness did not center in the gratification of his appetites, and worst appetites, his luxury, his pride, his avarice, and lust of power; and who considered any publick trust reposed in him, with any other view, than as the means to satiate such unruly and dangerous desires! And this has been most eminently true of great men, and those who aspired to dominion. They were first made great for the sake of the publick, and afterwards at its expence. And if they had been content to have been moderate traitors, mankind would have been still moderately happy; but their ambition and treason observing no degrees, there was no degree of vileness and misery which the poor people did not often feel.

The appetites therefore of men, especially of great men, are carefully to be observed and stayed, or else they will never stay themselves. The experience of every age convinces us, that we must not judge of men by what they ought to do, but by what they will do; and all history affords but few instances of men trusted with great power without abusing it, when with security they could. The servants of society, that is to say, its magistrates, did almost universally serve it by seizing it, selling it, or plundering it; especially when they were left by the society unlimited as to their duty and wages. In that case these faithful stewards generally took all; and, being servants, made slaves of their masters.

Trenchard gives us the only prudent course:

The only secret therefore in forming a free government, is to make the interests of the governors and of the governed the same, as far as human policy can contrive. Liberty cannot be preserved any other way. Men have long found, from the weakness and depravity of themselves and one another, that most men will act for interest against duty, as often as they dare. So that to engage them to their duty, interest must be linked to the observance of it, and danger to the breach of it. Personal advantages and security, must be the rewards of duty and obedience; and disgrace, torture, and death, the punishment of treachery and corruption.

Human wisdom has yet found out but one certain expedient to effect this; and that is, to have the concerns of all directed by all, as far as possibly can be: And where the persons interested are too numerous, or live too distant to meet together on all emergencies, they must moderate necessity by prudence, and act by deputies, whose interest is the same with their own, and whose property is so intermingled with theirs, and so engaged upon the same bottom, that principals and deputies must stand and fall together. When the deputies thus act for their own interest, by acting for the interest of their principals; when they can make no law but what they themselves, and their posterity, must be subject to; when they can give no money, but what they must pay their share of; when they can do no mischief, but what must fall upon their own heads in common with their countrymen; their principals may then expect good laws, little mischief, and much frugality.

Here therefore lies the great point of nicety and care in forming the constitution, that the persons entrusted and representing, shall either never have any interest detached from the persons entrusting and represented, or never the means to pursue it. Now to compass this great point effectually, no other way is left, but one of these two, or rather both; namely, to make the deputies so numerous, that there may be no possibility of corrupting the majority; or, by changing them so often, that there is no sufficient time to corrupt them, and to carry the ends of that corruption. The people may be very sure, that the major part of their deputies being honest, will keep the rest so; and that they will all be honest, when they have no temptations to be knaves.

It should be obvious, even to the dullest observer, that  all the strictures identified by Trenchard as necessary for good government have been violated by “the persons entrusted and represented.” That being so, it is also evident that we’ve no shortage of knaves in public office today.

Credit where credit is due -> H/T to American Creation for their take on man’s law and God’s law.